Section 831.02 - Uttering forged instruments

1 Analyses of this statute by attorneys

  1. Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit

    Buchanan Ingersoll & Rooney PCYova BorovskaMay 15, 2015

    The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable (deportable) under certain circumstances.For example, convictions of Crimes Involving Moral Turpitude (CIMTs) may lead to an individual being found to be inadmissible or removable, with a limited possibility of applying for a waiver or relief from removal.Additionally, certain serious criminal offenses are referred to as “aggravated felonies” and carry even more severe immigration consequences than CIMTs for foreign nationals seeking permanent residence, citizenship, asylum or relief from removal. On April 21, 2015, the United States Court of Appeals for the Eleventh Circuit issued a published decision, in Walker v. Holder, No. 14-12814 (11th Cir. 2015), holding that uttering a forged instrument under Florida Statute § 831.02 constitutes an aggravated felony as well as a crime involving moral turpitude.Walker is binding precedent in the Eleventh Circuit, which covers three states: Alabama, Florida and Georgia. In Walker, the foreign national pleaded no contest to three counts of uttering a forged instrument under the above statute.